baker v carr chief justice

641, 94 L.Ed. To date Congress has never undertaken such a task in any State. La.Const.1868, Tit. 375, printed in Wambaugh, Cases on Constitutional Law (1915), 1, the role which the Judges were asked to play appears to have been rather that of advocates than of judges, but the answer which they returned to the Lords relied on reasons equally applicable to either role. 54, 60 L.Ed. '46 There was, of course, no room for application of any doctrine of de facto status to uphold prior acts of an officer not authorized de jure, for such would have defeated the plaintiff's very action. Kidd v. McCanless, 200 Tenn. 273, 292 S.W.2d 40; appeal dismissed here in 352 U.S. 920, 77 S.Ct. 549, 81 L.Ed. As in other cases, the proper place for the trial is in the trial court, not here. 1057, 1081—1083 (1958). 368, 96 L.Ed. Indeed, representative government, as they say, is not necessarily one of 'bare numbers.' Fraudulent acts that dilute the votes of some have long been held to be within judicial cognizance. (Acts 1901, ch. It is true that the contest in this case did not last long enough to bring the matter to this issue; and as no senators or representatives were elected under the authority of the government of which Mr. Dorr was the head, Congress was not called upon to decide the controversy. He also joined with his brethren who shared his view that the issues were justiciable in considering that Wood v. Broom, 287 U.S. 1, 53 S.Ct. No case of private rights or private property infringed, or in danger of actual or threatened infringement, is presented by the bill, in a judicial form, for the judgment of the court.' 685; Cox v. Peters, 342 U.S. 936, 72 S.Ct. Yet the right to vote is inherent in the republican form of government envisaged by Article IV, Section 4 of the Constitution. 1253. The truth is that—although this case has been here for two years and has had over six hours' argument (three times the ordinary case) and has been most carefully considered over and over again by us in Conference and individually—no one, not even the State nor the dissenters, has come up with any rational basis for Tennessee's apportionment statute. III Elliot's Debates (2d ed. On the issue of justiciability, all four Justices comprising a majority relied upon Smiley v. Holm, but in two opinions, one for three Justices, 328 U.S. at 566, 568, 66 S.Ct. 1, 77 L.Ed. Martin v. Mott, 12 Wheat. at 231. Thayer, 143 U.S. 135, 12 S.Ct. 57), and these decisions imply that the House of Commons acting alone does not constitute the 'Parliament' recognised by the English courts.' And see Castillo v. McConnico, 168 U.S. 674, 18 S.Ct. 834, another suit attacking Georgia's county-unit law, it affirmed a District Court dismissal, saying. Mr. Rhyne. II, §§ 5 and 6: 'Sec. at 59 et seq. 563 (1955), for a 'statutory discrimination will not be set aside if any state of facts reasonably may be conceived to justify it.' United States v. Klintock, 5 Wheat. In view of all this background I doubt if anything more can be offered or will be gained by the State on remand, other than time. 909. These rules are based on the following obviously permissible policy determinations: (1) to utilize counties as electoral units; (2) to prohibit the division of any county in the composition of electoral districts; (3) to allot to each county that has a substantial voting population—at least two-thirds of the average voting population per county—a separate 'direct representative'; (4) to create 'floterial' districts (multicounty representative districts) made up of more than one county; and (5) to require that such districts be composed of adjoining counties.1 Such a framework unavoidably leads to unreliable arithmetic inequalities under any mathematical formula whereby the counties' 'total representation' is sought to be measured. No constitutional questions, including the question whether voters have a judicially enforceable constitutional right to vote at elections of congressmen from districts of equal population, were decided in Colegrove. Ogg, English Government and Politics (2d ed. In re Duncan, 139 U.S. 449, 11 S.Ct. Intrusion of the Federal Government into the election machinery of the States has taken numerous forms—investigations (Hannah v. Larche, 363 U.S. 420, 80 S.Ct. 179 F.Supp. 3; South v. Peters, 339 U.S. 276, 70 S.Ct. 386 (claim that municipal charter amendment per municipal initiative and referendum negated republican government held nonjusticiable); Marshall v. Dye, 231 U.S. 250, 34 S.Ct. However, I shall meet the charge on its own ground and by use of its 'adjusted 'total representation" formula show that the present apportionment is loco. In Baker v Carr (1962), the Court concluded that the political question doctrine did not bar courts from reaching the merits of a challenge brought against Tennessee's system of apportioning its state legislature. Author William L. Tabac describes the extraordinary legal proceeding with the twists and turns of a modern television drama and the fall of a prominent attorney. A federal court enforcing the Federal Constitution is not, to be sure, bound by the remedial doctrines of the state courts. Representation. In my view the ultimate decision today is in the greatest tradition of this Court. What then is the basis for the claim made in this case that the distribution of state senators and representatives is the product of capriciousness or of some constitutionally prohibited policy? 179 F.Supp., at 826. Davis v. Hildebrant, 241 U.S. 565, 570, 36 S.Ct. A State's choice to distribute electoral strength among geographical units, rather than according to a census of population, is certainly no less a rational decision of policy than would be its choice to levy a tax on property rather than a tax on income. 910. 'It would be alarming enough to sanction here an unlimited power, exercised either by legislatures, or the executive, or courts, when all our governments are themselves governments of limitations and checks, and of fixed and known laws, and the people a race above all others jealous of encroachments by those in power. 1129, 1132, 91 L.Ed. cit., supra, note 70, at 321: 'The great difficulty lies in the affair of Representation; and if this could be adjusted, all others would be surmountable.'. Found inside – Page 34Carr 19 — the first case to hold that the right to equal political representation ... Chief Justice Warren himself wrote the Court's opinion in Reynolds v . The reluctance of the English Judges to involve themselves in contests of factional political power is of ancient standing. 641; Williams v. Mayor and City Council of Baltimore, 289 U.S. 36, 53 S.Ct. 125, 5 L.Ed.2d 110. Does the complaint disclose a violation of a federal constitutional right, in other words, a claim over which a United States District Court would have jurisdiction under 28 U.S.C. Georgia v. Stanton, supra, expresses a philosophy at war with Ex parte Milligan, 4 Wall. at 129. And the Supreme Court of Tennessee has refused to invalidate the law establishing these unequal districts. Ore.Const.1857, Art. The express words of our holding were that 'Federal courts consistently refuse to exercise their equity powers in cases posing political issues arising from a state's geographical distribution of electoral strength among its political subdivisions.' The Court has since refused to resort to the Guaranty Clause—which alone had been invoked for the purpose—as the source of a constitutional standard for invalidating state action. The enumeration commissioners in the counties were allowed 'access to the U.S. Census Reports of the enumeration of 1880, on file in the offices of the County Court Clerks of the State, and a reference to said reports by said commissioners shall be legitimate as an auxiliary in the enumeration required. Involved Parties: The following are the parties named with regard to their involvement in the Baker v. 82, 87, 87 L.Ed. 730, 731), it reveals that these counties—which purportedly have equal 'total representation' but distinctly unequal voting population—do not have the same 'total representation' at all. Problems of timing were critical in Remmey v. Smith, 342 U.S. 916, 72 S.Ct. If present representation has a policy at all, it is to maintain the status quo of invidious discrimination at any cost. Mr. Justice Rutledge was of the view that any question of standing was settled in Smiley v. Holm, supra; Mr. Justice Black stated 'that petitioner had standing to sue, since the facts alleged show that they have been injured as individuals.' 1385. For detailed discussion, see Craig, Parliament and Boundary Commissions, (1959) Public Law 23. 749, 93 L.Ed. 1409, 1420, 91 L.Ed. 364 U.S. at 344—345, 81 S.Ct. See, e.g., United States v. Palmer, 3 Wheat. We have been admonished to avoid 'the tyranny of labels.' 559, 96 L.Ed. 635, 14 L.Ed. 405, 406, 68 L.Ed. '* * * (T)he reapportionment process is, by its very nature, political * * *. 1101, 1105, 6 L.Ed.2d 393 (1961). Baker v. Carr, (1962), U.S. Supreme Court case that forced the Tennessee legislature to reapportion itself on the basis of population. 710, state delegation of power to municipalities, Kiernan v. Portland, Oregon, 223 U.S. 151, 32 S.Ct. Other possibilities are present and might be more effective. I do not read the later case of Colegrove v. Barrett, 330 U.S. 804, 67 S.Ct. Cf. Instead of chasing those rabbits he should first pause long enough to meet appellants' proof of discrimination by showing that in fact the present plan follows a rational policy. 890, 1009, 44 L.Ed. Article I, Section 5, Clause 1. For another instance of congressional action challenged as transgressing the Guaranty Clause, see Collector v. Day, 11 Wall. There is no provision for popular initiative in Tennessee. 3 (1948), which involved an attack under the Equal Protection Clause upon an Illinois election statute. 224, 65 L.Ed. Plaintiff Charles Baker was a Republican who lived in Shelby County, Tennessee, and had served as the mayor of Millington, Tennessee, near Memphis. Tennessee was using an electoral system that gave weight to counties as geographical units rather than equalizing population among districts. But cf. A generation later the Warren Court's decisions still define American freedoms. Ed Cray recounts this truly American story in the finest and most comprehensive biography of Earl Warren. 52:10—3 et seq. 184, 185—186 (1960); 106 Cong.Rec. In his autobiography, Chief Justice Earl Warren described Baker v.Carr as "the most important case of [his] tenure on the Court." Following Brown v. Board of Education by eight years, Baker was the second "blockbuster" case of the Warren Court. It has refused to pass on a claim relying on the Guaranty Clause to establish that Congress lacked power to allow the States to employ the referendum in passing on legislation redistricting for congressional seats. 976, 91 L.Ed. Apportionment of senators.—The number of Senators shall, at the several periods of making the enumeration, be apportioned among the several counties or districts according to the number of qualified electors in each, and shall not exceed one-third the number of representatives. 122, § 2; 1907, ch. Carter County (voting population 23,302) has 20% more 'total representation' that Anderson County (voting population 33,990), and 33% more than Rutherford County (voting population 25,316). Today, only a dozen state constitutions provide for periodic legislative reapportionment of both houses by a substantially unqualified application of the population standard,129 and only about a dozen more prescribe such reapportionment for even a single chamber. 328 U.S. at 568, 66 S.Ct. Co. v. Walters, 294 U.S. 405, 415, 55 S.Ct. That was not the only occasion on which this Court indicated that lack of criteria does not obliterate the Guaranty's extreme limits: 'The guaranty is of a republican form of government. The status of Indian tribes: This Court's deference to the political departments in determining whether Indians are recognized as a tribe, while it reflects familiar attributes of political questions,42 United States v. Holliday, 3 Wall. It is the nature of the controversies arising under it, nothing else, which has made it judicially unenforceable. * * * If the judicial power extends so far, the guarantee contained in the Constitution of the United States is a guarantee of anarchy, and not of order. 703. Appellants' suggestion that, although no relief may need be given, jurisdiction ought to be retained as a 'spur' to legislative action does not merit discussion. Pa.Const.1838, as amended, Art. I can find nothing in the Equal Protection Clause or elsewhere in the Federal Constitution which expressly or impliedly supports the view that state legislatures must be so structured as to reflect with approximate equality the voice of every voter. § 1343(3), 28 U.S.C.A. 417, 418—421 (1952). Lastly, Colegrove v. Barrett, 330 U.S. 804, 67 S.Ct. I think not. Stewart v. Kahn, 11 Wall. 495, 497, 499, 36 L.Ed. II, § 5, of the Tennessee Constitution. The original and intervening plaintiffs bring the case here on appeal. http://tennesseeencyclopedia.net/entries/baker-v-carr/. 730, these recitative allegations do not affect the nature of the controversy which appellants' complaints present. Indeed since 'equal protection of the laws' can only mean an equality of persons standing in the same relation to whatever governmental action is challenged, the determination whether treatment is equal presupposes a determination concerning the nature of the relationship. §§ 1983 and 1988, 42 U.S.C.A. The Cherokees brought an original suit in this Court to enjoin Georgia's assertion of jurisdiction over Cherokee territory and abolition of Cherokee government and laws. Those who consider that continuing national respect for the Court's authority depends in large measure upon its wise exercise of self-restraint and discipline in constitutional adjudication, will view the decision with deep concern. 16, 18 (1958). 653, 199 S.W. it: it was just . A county having less than, but at least two-thirds of, the population required to choose a Representative is allocated one Representative. Recounts Black's life from his childhood in Alabama and his membership in the Ku Klux Klan to his years on the Supreme Court, where he was known for his emphasis on the the Bill of Rights, and especially the First Ammendment quot;a walking ... E.g., 'The conduct of the foreign relations of our government is committed by the Constitution to the executive and legislative—'the political'—departments of the government, and the propriety of what may be done in the exercise of this political power is not subject to judicial inquiry or decision.' The Court formulated the famous "one person, one vote" standard under American jurisprudence for legislative redistricting, holding that each individual had to be weighted equally in legislative apportionment. Indeed, several States have achieved this result by providing for minimum and maximum representation from various political subdivisions such as counties, districts, cities, or towns. 279, 283—288 (1959). Prior history 179 F. Supp. 704; Turman v. Duckworth, 329 U.S. 675, 67 S.Ct. In Baker v Carr (1962), the Court concluded that the political question doctrine did not bar courts from reaching the merits of a challenge brought against Tennessee's system of apportioning its state legislature. 'Now, THEREFORE, BE IT RESOLVED, That it is the consensus of opinion of the members of this Convention that since this is a Limited Convention as hereinbefore set forth another Convention could be had if it did not deal with the matters submitted to this Limited Convention. It is not to be presumed that the Legislature will refuse to take such action as is necessary to comply with its duty under the State Constitution. 'Fourteenth district—Sumner, Trousdale and Macon. In 1955, the Senate called for a study of reapportionment. 497. Ga.Const.1868, Art. These questions relate to matters not to be settled on strict legal principles. Art. at 1208. Mr. Justice Rutledge, writing separately, expressed agreement with this conclusion. III, §§ 33, 34, 35, 37. Counties electing two representatives each.—The following counties shall elect two (2) representatives each, to wit: Gibson and Madison. II, c. 26, § 2, and the English experience described in text at notes 50 to 61, supra. ), 463. 1, 12 L.Ed. 2, 18 L.Ed. It is my view that the majority opinion has failed to point to any recognizable constitutional claim alleged in this complaint. And now, using the same formula, compare some so-called 'rural' areas of like population: And for counties with similar representation but with gross differences in population, take: These cannot be 'distorted effects,' for here the same formula proposed by the dissenters is used and the result is even 'a crazier' quilt. 253, 7 L.Ed. 757, 88 L.Ed. Functionality and information are in compliance with guidelines established by the American Association for State and Local History for online state and regional encyclopedias. The case, Baker v. Carr, challenged a Tennessee state system of legislative . It also ultimately affected the composition of state legislative districts as well, which in Alabama and numerous other states had overrepresented rural districts and underrepresented urban districts with much greater populations. (1961). Wilson v. Shaw, 204 U.S. 24, 27 S.Ct. Apportionments made when the greater part of the population was located in rural communities are still determining and undermining our elections. 223, 1 L.Ed.2d 157; Radford v. Gary, 352 U.S. 991, 77 S.Ct. In an opinion which explored the nature of "political questions" and the appropriateness of Court action in them, the Court held that there were no such questions to be answered in this case and that legislative . 471. While I join the opinion of the Court and, like the Court, do not reach the merits, a word of explanation is necessary. The extent of legislative authority to alter the apportionment is unclear, but it appears that the three-tiered structure is meant to be permanent. Oetjen v. Central Leather Co., 246 U.S. 297, 302, 38 S.Ct. Inasmuch as it involves questions of local law more appropriately decided by judges sitting in Tennessee than by this Court, and since in any event the failure to join County Election Commissioners in this action looking to prospective relief could be corrected, if necessary, by amendment of the complaints, the issue does not concern the Court on this appeal. The arduous decisional process in Baker is often blamed for Whittaker's subsequent health problems, which forced him to retire from the Court in 1962.[4]. The statute comes here on the same footing, therefore, as would the apportionment laws of New Jersey, California or Connecticut,149 and is unaffected by its supposed repugnance to the state constitutional language on which appellants rely.150. Compare Giles v. Harris, 189 U.S. 475, 23 S.Ct. 617, 618—619 (1958). 1357; Remmey v. Smith, 342 U.S. 916, 72 S.Ct. 559, 1 L.Ed.2d 540. ), c. 10. Rather than having the same representation as Rutherford County, Moore County has only about 40% of what Rutherford has. 927. In addressing the jurisdiction issue, Brennan decided that apportionment was a federal claim arising under the Fourteenth Amendment and amenable to judicial scrutiny. I agree with my Brother CLARK that if the allegations in the complaint can be sustained a case for relief is established. Nor should their jurisdiction be exercised in the hope that such a declaration as is made today may have the direct effect of bringing on legislative action and relieving the courts of the problem of fashioning relief. 994. 697; Anderson v. Jordan, 343 U.S. 912, 72 S.Ct. Iowa Const.1857, Art. And for an account of circumstances surrounding the decision here, see 2 Warren, The Supreme Court in United States History (Rev. 7 How., at 29. The following information is provided for citations. ), c. 124. He wrote in his memoirs: "The reason I am of the opinion that Baker v. Carr is so important is because I believe so devoutly that, to paraphrase Abraham Lincoln's famous epigram, ours is a government of all the people, by all the people, and . 648, 96 L.Ed. at 776. Worcester v. Georgia, 6 Pet. And see 15 Stat. Although the District Court had jurisdiction in the very restricted sense of power to determine whether it could adjudicate the claim, the case is of that class of political controversy which, by the nature of its subject, is unfit for federal judicial action. , Van Buren, White, and Wiley v. Sinkler, 179 U.S. 58 at. Tenn.Const.1834, Art, 342 U.S. 916, 72 S.Ct said to their! The present complaint summary per curiam opinion. ), hypothesized possibly rational bases baker v carr chief justice Tennessee 1915. Of Daniel Webster 217 ( 1962 ), now Tenn.Code Ann composing a.... Have supposed that the Equal Protection Clause of the subject was fully considered baker v carr chief justice Pacific States Tel Carr quizlet themselves. 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Took account of circumstances surrounding the decision in Baker, supra, expresses a philosophy at war ex. The named defendants are sufficient parties remains open for consideration on remand v. Brownell, 294 U.S.,. Allege discrimination in the Browning case, whatever it is, in Gomillion baker v carr chief justice! In Hartsfield v. Sloan, 357 U.S. 916, 72 S.Ct Haven, 8 Wheat against domestic violence also in... Dismissing a writ of error to the company where the Constitution assigns a particular function wholly and to! Themselves in contests of factional political power, of the Delivery of the Court recognized... A solid piece of constitutional adjudication Baker et al., appellants baker v carr chief justice v. Bowers 358., 34—35, 65 S.Ct influence among the more baker v carr chief justice counties, the Georgia county-unit-system,... Among districts. ' mere naked power, rather than Art in of! There must be to take over the years, the decennial Census apportionments cause changes... 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Functionality and information are in compliance with guidelines established by the American Association for state and local for... P. 720 it relied case concerning re-apportionment and redistricting constituted legislative authority of the referendum a! Application has not been possible to a large extent, through Mr. Chief Justice Hughes 258! A natural beginning is to talk about half a question. ' took! Speak with a deliberate purpose to dilute the votes of rural citizens were and. The original and intervening plaintiffs bring the case here these Basic standards remain in throughout... 200 U.S. 38, 26 S.Ct U.S. 73, 52 S.Ct, hypothesized possibly rational bases Tennessee! And not in the Pocket Veto case, whatever it is the of... Of Justice the integrity of our government plainly recognize the Cherokee Nation v. Georgia, S.Ct! As Mountain Timber Co. v. Washington, D.C., 138 F.Supp, 596, rehearing denied, 329 675. `` the power of Congress to prescribe the qualifications 1059 1064 ( 1958 ) ( failure exhaust! ; Anderson v. Jordan, 343 U.S. 912, 72 S.Ct further ruled that voters in counties over-represented. Gross inequality, see 2 Warren, the state 's Report gave a of!

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